SISAPCD RULE 5.1 GENERAL         
LAST REVISED 01/01/89          
          
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          RULE 5.1  General
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          A.   The provisions of Chapter 8, Part 3 and Chapter 4, Part
               4,  Division  26  of the State of California Health and
               Safety Code, are incorporated herein by this reference.

          B.   This Regulation shall  apply to all hearings before the
               Hearing Board.  For the  purposes  of  this Regulation,
               the Hearing Officer shall be the Chairman  or any other
               member  of  the  Hearing  Board  so  designated by  the
               Hearing Board.

          C.   Request for a hearing shall be initiated  by the filing
               of a petition with the Clerk of the Hearing  Board  and
               the  payment  to said Clerk of the fee provided in Rule
               3.1.  No fee shall  be  required  for  the  filing of a
               petition by any public district or governmental agency.

          D.   The  Clerk  of  the Hearing Board shall not accept  for
               filing any petition  which  does  not comply with these
               rules  relating  to the form, filing,  and  service  of
               petitions.

          E.   Any interested person  may  file  an  answer within ten
               days after service.

          F.   The  petitioner  may withdraw his/her petition  at  any
               time before submission  of  the  case  to  the  Hearing
               Board,  without  a  hearing  or  meeting of the Hearing
               Board.  The Clerk of the Hearing Board shall notify all
               interested persons of such withdrawal.

          G.   All hearings shall be held at the  time and place designated
               by the Hearing Board.

          H.   A record of all proceedings before the  Hearing  Board shall
               be  made.   The  record shall be a written summary or  taped
               recording of all the  evidence,  testimony  and  proceedings
               presented at the hearing, made by a person designated by the
               Hearing   Board   for   that  purpose.   One  copy  of  such
               transcript, shall be forwarded to the Control Officer.

          I.   Preliminary matters such  as  setting  a  date  for hearing,
               granting   continuances,  approving  petitions  for  filing,
               allowing  amendments   and  other  preliminary  rulings  not
               determinative of the merits  of the case, may be made by the
               Chairman or any three members of the Hearing Board without a
               hearing or meeting of the Hearing Board and without notice.

          J.   The Hearing Board may take official  notice  of  any  matter
               which may be judicially noticed by the courts of this state.

          K. The   decision  shall  become  effective  fifteen  days  after
             delivering  or  mailing a copy of the decision, or the Hearing
             Board  may order that  the  decision  shall  become  effective
             sooner.

          L. Whenever  the  members  of  the  Hearing  Board conducting any
             hearing deem it necessary to examine any person  as  a witness
             at such hearing, the Chairman of the hearing Board shall issue
             a  subpoena, in proper form, commanding such person to  appear
             before  it  at a time and place specified, to be examined as a
             witness.  The  subpoena may require such person to produce all
             books, papers, and  documents  in  his/her possession or under
             his/her control to such hearing.

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